Chris0nllyn
Well-Known Member
....then read her Miranda right that she "has the right to remain silent."
Saw this last year, and like most stories like this, it disappeared down the rabbit hole.
She refused to identify herself, she refused to roll down the window.
You don't get read your Miranda rights until you are placed under arrest. She refused to comply with police orders.
These are situations of how simple situations of being respectful to police and complying with their reasonable request could have ended up with her getting a simple traffic infraction and going home to sleep in her bed that night, instead of sleeping in piss laced cell.
http://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-29-1A person commits an offense if he purposely obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from lawfully performing an official function by means of flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act.
Saw this last year, and like most stories like this, it disappeared down the rabbit hole.
http://www.nj.com/politics/index.ss...ilent_d.html#incart_2box_nj-homepage-featuredThe Oct. 16 incident, which happened near the New Jersey-Pennsylvania border on Route 519, is now the subject of a federal civil rights lawsuit filed by the woman, Rebecca Musarra, an attorney from Philadelphia.
The idea that the public simply stay in line and don't exercise their rights as American citizens is laughable.
My first thought is to almost fully agree with this, followed by saying, "but what does it hurt to just answer simple questions?"
After a little bit of reflection, what it hurts to just answer simple questions is not the right question to ask, because it implies civility is a requirement of citizenship, and it is not. While I do not see the point in not answering basic identification questions, I don't HAVE to see the point; she has the right to remain silent, and that's all there is to it.
By asking "do you know why I pulled you over", the officer is asking her to imply her own guilt.